§6001. Definitions

For the purposes of this Part, the following words shall have the following meanings,
unless a different meaning is required by the context. [1977, c. 661, §5 (NEW).]

1.Aquaculture.
"Aquaculture" means the culture or husbandry of marine organisms by any person.

[
1977, c. 661, §5 (NEW)
.]

1-A.Alewives.

[
2011, c. 598, §2 (RP)
.]

2.Atlantic salmon.
"Atlantic salmon" means the anadromous fish species Salmo salar that customarily
migrates from inland waters to the ocean as part of its life cycle.

[
1999, c. 401, Pt. BB, §2 (AMD)
.]

3.Bulk pile.
"Bulk pile" means any pile or the contents of any box, barrel or other container.

[
1977, c. 661, §5 (NEW)
.]

4.Buy.
"Buy" means to buy or purchase and includes offering to buy.

[
1977, c. 661, §5 (NEW)
.]

5.Car.
"Car" means a lobster car, crate, box or other contrivance, whether sunken or floating,
that may be used in coastal waters to hold live lobsters.

[
1977, c. 661, §5 (NEW)
.]

6.Coastal waters.
"Coastal waters" means all waters of the State within the rise and fall of the tide
out to the limits of the exclusive economic zone as shown on the most recently published
Federal Government nautical chart, but it does not include areas above any fishway
or dam when the fishway or dam is the dividing line between tidewater and fresh water.

[
2001, c. 272, §1 (AMD)
.]

6-A.Commercial fisheries business.
"Commercial fisheries business" means an enterprise directly or indirectly concerned
with the commercial harvest of wild or aquacultured marine organisms, whose primary
source of income is derived from these activities. "Commercial fisheries business"
includes, but is not limited to:

B. Persons providing direct services to commercial fishermen, aquaculturists or fishermen's
cooperatives, as long as provision of these direct services requires the use of working
waterfront property; and [2011, c. 266, Pt. B, §4 (NEW).]

A. Operating under authority granted by either the Federal Government or the carrier’s
home state; and [2007, c. 615, §1 (NEW).]

B. Transporting goods for hire and the carrier does not own the marine organisms being
transported. [2007, c. 615, §1 (NEW).]

[
2007, c. 615, §1 (RPR)
.]

9.Conservation.
"Conservation" means providing for the development and wise utilization of the state's
marine resources, protecting the ultimate supply for present and future generations,
preventing waste and implementing sound management programs.

[
1977, c. 661, §5 (NEW)
.]

10.Crayfish.
"Crayfish" means all species from either fresh or salt water including, but not
limited to, the family Palinuridae, including the representative genera Jasus and
Palinurus, which have been called by such terms including, but not limited to, rock
lobster, spiny lobster, sea crawfish, red lobster, thorny lobster, langoust, langoustini,
langostino, crayfish, Sidney crawfish, kreef, Cuban rock lobster, African lobster
or African crawfish.

[
1989, c. 348, §2 (AMD)
.]

11.Crew member.
"Crew member" means any person assisting in operating or attending gear or operating
a boat while fishing.

[
1977, c. 661, §5 (NEW)
.]

12.Dealer.
"Dealer" means any person who buys, sells or distributes any marine organism.

[
1977, c. 661, §5 (NEW)
.]

13.Department.
"Department" means the Department of Marine Resources.

[
1977, c. 661, §5 (NEW)
.]

13-A.Engage.
"Engage" means engage or attempt to engage.

[
1979, c. 541, Pt. B, §13 (NEW)
.]

13-B.Equipment.
"Equipment" means a box, trap, crate, net or other device or machinery used to harvest
or store marine organisms.

[
1989, c. 742, §1 (NEW)
.]

13-C.Dip net.
"Dip net" means a device consisting of a rigid frame filled with netting, firmly
attached to a rigid handle and manually operated by a single person.

[
1995, c. 536, Pt. A, §1 (NEW)
.]

13-D.Eel.
"Eel" means a member of the species Anguilla rostrata in that stage of its life
cycle when it is 6 inches or more in length.

[
1995, c. 536, Pt. A, §1 (NEW)
.]

13-E.Eel pot.
"Eel pot" means a cylindrical or rectangular trap with funnels that is baited and
used to harvest eels. An eel pot is 50 cubic feet or less in total volume and utilizes
wire or slatting no smaller than 1/2 inch square measure.

[
1995, c. 536, Pt. A, §1 (NEW)
.]

13-F.Elver.
"Elver" means a member of the species Anguilla rostrata in that stage of its life
cycle when it is less than 6 inches in length.

[
1995, c. 536, Pt. A, §1 (NEW)
.]

13-G.Elver fyke net.
"Elver fyke net" means a fyke net that is 30 feet or less in length from cod end
to either wing tip, is fitted with netting that measures 1/8-inch bar mesh or less,
contains a 1/2-inch or less bar mesh excluder panel that covers the entrance of the
net, and consists of not more than one funnel end, one cod end and 2 wings.

[
1997, c. 575, §1 (AMD)
.]

13-H.Elver dip net.
"Elver dip net" means a dip net with a hoop of not more than 30 inches in diameter
and fitted with netting that measures 1/8 inch bar mesh or less.

[
1999, c. 7, §1 (AMD)
.]

13-I.Established base of operations.
"Established base of operations" means the location where a vessel has its primary
relationship. Among the factors identifying a primary relationship are the locations
at which the vessel is primarily moored or docked, where it prepares for expeditions
and hires a crew and to which it regularly returns for repairs, supplies and activities
relating to its business or trade. The fact that a vessel carries on one or more
of these activities at more than one location within this State or at a location or
locations outside this State does not prevent the vessel from being considered to
have an established base of operations within the State if a substantial portion of
these activities are carried on at a location or locations within this State. For
purposes of this subsection, "substantial portion" means a period exceeding 60 days
in any calendar year.

[
2005, c. 26, §1 (NEW)
.]

14.Establishment.
"Establishment" means the premises, buildings, structures, facilities and equipment,
including vehicles, used in the buying, selling or processing of marine organisms.

17-B.Fork length.
"Fork length" means the greatest dimension between the most anteriorly projecting
part of the head and the apex of the V formed by the caudal fin. The measurement
is a straight line and is not taken over the curve of the body.

18.Handline.
"Handline" means a single line with no more than 5 hooks attached which is hand
held.

[
1977, c. 661, §5 (NEW)
.]

19.Hermetically sealed.
"Hermetically sealed" means a container which has been made airtight by fusion so
that no air, gas or spirits can either enter or escape, whether or not the container
is sterilized by heat. It does not include friction cover containers or containers
requiring refrigeration.

[
1981, c. 433, §1 (AMD)
.]

20.Hook and line.
"Hook and line" means a single line with no more than 5 hooks, including the commonly
called rod and reel and handline.

[
1977, c. 661, §5 (NEW)
.]

20-A.Hoop net.
"Hoop net" means a stationary cylindrical net fitted with mesh measuring 1/2 inch
or greater stretch measure, that is placed at the bottom of a body of water and has
a diameter of 6 feet or less as measured at its widest point and has a length of 18
feet or less as measured from the cod end to the hoop that forms the mouth of the
net. "Hoop net" includes wings or leads attached to the mouth of the hoop net.

[
1995, c. 536, Pt. A, §2 (NEW)
.]

21.Intertidal zone.
"Intertidal zone" means the shores, flats or other land between high and low water
mark.

[
1977, c. 661, §5 (NEW)
.]

22.License.
"License" means a document issued by the State to a named person authorizing that
person to engage in particular activities. License includes a permit, but does not
include a certificate or lease.

[
1977, c. 661, §5 (NEW)
.]

23.Lobster.
"Lobster" means a crustacean of the genus Homarus americanus.

[
1977, c. 661, §5 (NEW)
.]

24.Lobster trap.
"Lobster trap" means a lobster trap, pot or other stationary contrivance or device
that may be set on the ocean bottom and used for taking lobsters or crabs.

28.Marine resources' laws.
"Marine resources' laws" means chapter 419 and Part 9 or any other statute authorizing
the commissioner or department to undertake any activity, and any regulation authorized
by these statutes.

A. A vessel that is owned or operated by a person licensed under this Part; [2005, c. 26, §2 (NEW).]

B. A vessel that is used to bring a marine organism into the State or its territorial
waters; [2005, c. 26, §2 (NEW).]

C. A vessel that is registered or has been issued a certificate of number under chapter
935; [2005, c. 26, §2 (NEW).]

D. A vessel documented in accordance with 46 United States Code, Chapter 121 that has
designated a Maine port of hail; [2005, c. 26, §2 (NEW).]

E. A vessel that has been issued a certificate of number by the United States Coast
Guard under 46 United States Code, Chapter 123 that has identified Maine as the state
of principal use; or [2005, c. 26, §2 (NEW).]

F. A vessel that has an established base of operations within this State. [2005, c. 26, §2 (NEW).]

[
2005, c. 26, §2 (RPR)
.]

37.Retail.
"Retail" means sale, trade or service directly to the consumer for his personal
use.

[
1977, c. 661, §5 (NEW)
.]

37-A.Rigged.
"Rigged" means to have on board the equipment necessary to undertake the activity.
The commissioner shall determine by rulemaking what equipment is necessary to undertake
the activity. Rules adopted under this subsection are routine technical rules pursuant
to Title 5, chapter 375, subchapter 2-A.

42.Shellstock.
"Shellstock" means shellfish which have not been removed from their shells.

[
1977, c. 661, §5 (NEW)
.]

43.Ship, the verb.
The verb "ship" means to send by a common carrier.

[
1977, c. 661, §5 (NEW)
.]

44.Shucked shellfish.
"Shucked shellfish" means shellfish or parts thereof which have been removed from
their shells.

[
1977, c. 661, §5 (NEW)
.]

44-A.Single hook.
"Single hook" means a hook with no more than one eye and one shank to which one
or more points is attached.

[
1993, c. 498, §1 (NEW)
.]

45.Sunrise.
"Sunrise" means the time given for sunrise as computed and established for Augusta,
Maine, by the Nautical Almanac Office of the United States Naval Observatory for the
particular day involved, converted to the legal standard of time in force in the State
on that day.

[
1977, c. 661, §5 (NEW)
.]

46.Sunset.
"Sunset" means the time given for sunset as computed and established for Augusta,
Maine, by the Nautical Almanac Office of the United States Naval Observatory for the
particular day involved, converted to the legal standard of time in force in the State
on that day.

[
1977, c. 661, §5 (NEW)
.]

47.Suspension.
"Suspension" means the revocation of a license, the right to obtain a license and
the privilege to undertake the licensed activity, whether the suspension is temporary
or permanent.

[
1977, c. 661, §5 (NEW)
.]

48.Take, the verb.
The verb "take" means to remove or attempt to remove a marine organism from its
natural habitat.

[
1977, c. 661, §5 (NEW)
.]

48-A.Total length.
"Total length" means the greatest dimension between the most anteriorly projecting
part of the head and the farthest tip of the caudal fin when the caudal rays are squeezed
together. The measurement is a straight line and is not taken over the curve of the
body.

[
1987, c. 690, §1 (NEW)
.]

48-B.Territorial waters.
"Territorial waters" means all waters of the State within the rise and fall of the
tide seaward to the 3-nautical-mile line as shown on the most recently published Federal
Government nautical chart, but does not include areas above any fishway or dam when
that fishway or dam is the dividing line between tidewater and fresh water.

[
2001, c. 272, §2 (NEW)
.]

49.Transfer.
"Transfer" means to transport by boat on the water.

[
1977, c. 661, §5 (NEW)
.]

50.Transport, the verb.
The verb "transport" means to move an object from one place to another by any means
other than to ship.

[
1977, c. 661, §5 (NEW)
.]

51.Tub-trawl.
"Tub-trawl" means a single line, with more than 5 hooks, including the commonly
called tub-trawl, line trawl or long line.

[
1977, c. 661, §5 (NEW)
.]

52.Tuna.
"Tuna" means any finfish commonly known as tuna, including the horse mackerel.

[
1977, c. 661, §5 (NEW)
.]

53.Vehicle.
"Vehicle" means a machine or conveyance, including watercraft and aircraft, used
to move or transport marine organisms.

[
1989, c. 742, §2 (RPR)
.]

54.Wholesale.
"Wholesale" means sale, trade or service that is not directly to a consumer and
is not retail.

[
1977, c. 661, §5 (NEW)
.]

55.Whole scallop.
"Whole scallop" means a cultured scallop in any form, except when the final product
form is the adductor muscle of the scallop only.

[
2001, c. 112, §1 (NEW)
.]

56.Working waterfront or working waterfront property.
"Working waterfront" or "working waterfront property " means land, legally filled
lands and piers and wharves and other improvements to land adjacent to the navigable
coastal waters of the State and used by a commercial fisheries business.